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At a Glance:
Title:
APD 042501
Date:
November 19, 2004

APD 042501

November 19, 2004

This appeal arises pursuant to the Texas Workers' Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A consolidated contested case hearing was held on August 30, 2004. In case number (Docket No. 1), the hearing officer determined that appellant (claimant) sustained a compensable repetitive trauma injury on (date of injury for Docket No. 1), and that claimant had disability resulting from the compensable injury of (date of injury for Docket No. 1), for the period beginning on January 19, 2004, and continuing through April 8, 2004. In case number (Docket No. 2), the hearing officer determined that: (1) claimant sustained a compensable repetitive trauma injury on (date of injury for Docket No. 2); (2) claimant had disability resulting from the compensable injury of (date of injury for Docket No. 2), for the period beginning January 19, 2004, and continuing through April 8, 2004, only; and (3) respondent (carrier) is not relieved of liability under Section 409.002 because claimant did give timely notice to the employer pursuant to Section 409.001. Claimant appealed the disability determination regarding both injuries, asserting that she had disability from January 19, 2004, through the date of the hearing. Carrier responded, urging affirmance.

DECISION

We affirm.

We have reviewed the complained-of determinations regarding disability and conclude that the issues involved fact questions for the hearing officer. The hearing officer reviewed the record and decided what facts were established. We conclude that the hearing officer’s determinations are supported by the record and are not so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).

We affirm the hearing officer’s decision and order.

The true corporate name of the insurance carrier is AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS, SUITE 750, COMMODORE 1

AUSTIN, TEXAS 78701.

Judy L. S. Barnes

CONCUR:

Daniel R. Barry
Appeals Judge

Gary L. Kilgore
Appeals Judge

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